What are Legal Forms • .

Notarization
– the act that ensures the document express the
Legal form is an instrument/document to be employed
true agreement b/w parties.
in a legal transaction or a judicial proceeding. (Templates
of a legal forms)
Two Reasons/purpose of Notarization.
Legal - means conforming or permitted by law or
1. for the lawyer to check to ensures that the provisions
established.
in the document true agreement.
Forms - printed or typed document with blank spaces for
2. it converts private document to public document (it
insertion of requested information.
will render the document to be admissible in the court
• ex of forms use in legal transactions w/o further proof of authenticity)
✓ Contract, MOA,MOU,sales of property
Authorized to Perform Notarial Acts
• ex of forms use in Judicial proceedings
✓ affidavits, complaint, information, investigation • Notary Public - refers to any member of the
report Philippines Bar in good standing who is issued a
Important Guidelines in Making Legal Form National Commission (lincense) by Executive Judge.

1. Language used in most legal forms. (Medium in • Notary public ex officio

court is English) - government official who is clothed by law
2. Correct choice of word general authority to administer oaths to perform notarial
- words used must be simple and appropriate. acts w/n the limits of their territorial jurisdiction. pres,v-
Observe correct grammar, spelling ,and punctuation. pres,members of both houses, sect of depts, governor,
3. Proper sentence construction (past tense) mayors, clerk of court.
-simple, direct, and not too long, correctly
phrased. There must be subject verb agreement. Classification of Legal Forms
4. Paragraphs must be impressive
1. BUSINESS FORMS (Business in Nature)
- properly developed and organized
5. Correct Citations. ➢ Business Forms are used in conveyancing, or of the
-cite the provision of law and jurisprudence forms of deeds, instruments or documents creating,
6. Correct form of legal document transferring, modifying or limiting rights to real as
-ex. complaint affidavit well as personal properties, and other forms related
to business contracts or transactions (Suarez,
What is Document Rolando A, 2007).
Two types of Business forms
➢ It is a written instrument, an agreement, a 1. Business Contract - is an agreement in w/c the party
deed, a map, an object, a photograph or agrees to an exchange, typically money, goods or
anything w/c proves a fact, an event, an services.
incident, or transaction 2. Business Transaction - an event/process involving an
Types of Documents interchange of goods, money, or services b/w two
parties.
• Private
Classification of Legal Forms
-half similarities (may contain agreement, any
words or phrase that is technical of legal.
2. Judicial Forms
-legal document that is not yet notarized
➢ Judicial Forms refer to forms which pertain to
• Public (Notarized Document) different kinds of pleadings, applications,
petitions, affidavits, motions, and the like
- legal document that is notarized
(Suarez, Rolando A., 2007).
Additional info. 4. Criminal Action is the procedure by which a person
accused of committing a crime is charged, brought to
1.1. Complaint- is the pleading alleging the plaintiff's
trial, and judged.
cause or causes of action. The names and residences of
the plaintiff and defendant must be stated in the • Pleadings - are the written statements of the
complaint. respective claims and defenses of the parties
submitted to the court for appropriate judgment.
1.2. Answer - An answer is a pleading in which a
defending party sets forth his defenses. Defenses may ex. complaint, counterclaim, cross-claim, third (fourth,
either be negative or affirmative. etc.)- party complaint, or complaint-in- intervention.

1.3. Motion - is a procedural device to bring a limited, • Petition - is a legal document formally requesting a
contested issue before a court for decision. It is a request court order and setting out the petitioner's version
to the judge (or judges) to make a decision about the of the facts at issue.
case. Motions may be made at any point in
ex. Petition for divorce
administrative, criminal or civil proceedings, although
that right is regulated by court rules which vary from • Motion - An application for an order not included in
place to place. a judgment. An application made to a court or judge
for the purpose of obtaining a ruling or order
1.4. Cross-claim- A claim brought by a plaintiff against a
directing some act to be done in favor of the
coplaintiff, or by a defendant against a codefendant.
applicant.
2.1. Interpleader - is a remedy whereby a person who
• Three General Types of Cases
has personal property in his possession, or an obligation
to render wholly or partially, without claiming any right 1. Civil Case - (money/payment/property)
in both, comes to court and asks that the persons who - preponderance of evidence
claim the said personal property or who consider -Fine / Monetary damages
themselves entitled to demand compliance with the 2. Criminal Case
obligation, be required to litigate among themselves, in - proof beyond reasonable doubt
order to determine finally who is entitled to one or the
-Imprisonment & Fines /monetary punishment
other thing.
3. Administration Case
2.2 Declaratory Relief- A declaratory judgment is a - substantial evidence
binding judgment from a court defining the legal - filed only of government employee
relationship between parties and their rights in a matter - remove/disqualification on government position
before the court. -non- judicial bodies
Additional info.
A. Ordinary Civil Action
1. Business forms -perform by person or a party something in the court in
2. Judicial Forms order for his right to be protected.
-party sues another for enforcement or protection of a
I. Ordinary Civil Action is one by which a party sues
right or protection of a wrong.
another for the enforcement or protection of a right or
➢ Complaint (civil case)- written accusation furnishes
the prevention or redress of a wrong.
by a complainant
II. Special Civil Action is an action whereby one party ➢ Motion- formal request made to a judge for an order
sues another to enforce or protect a right or protect a or judgement. Motions are made in court for many
right or to prevent the commission of a wrong by times for many purpose; to continue/postpone a
following special rules of procedure. trial, modification of order, or for dismissal of the
3. Special Proceeding is a remedy by which a party seeks opposing party’s case. ex. motion for
to establish a status, a right, or a particular fact (1997 reconsideration.
Rules of Civil Procedures)
➢ Answer -defendant first formal written statement to Importance of Legal Forms
plaintiff initial complaint. This opening written • The memory of people is short. Parties to a verbal
statement will admit or deny the allegations or agreement often disagree as to what they have
demand more information. agreed several months or years after they have
entered into a verbal agreement.
B. Special Civil Action (special proceedings) • To avoid such situation and in order to have a clear
-perform by person or a party to file something in the guide and evidence of the terms they have agreed,
court in order for his right to be protected. lawyers, or even the parties themselves, request a
➢ Mandamus (order of higher court)- is an action written agreement for their contract or legal
whereby a court of jurisdiction commands inferior transaction. Moreover, form is important when the
tribunal, or person to perform duty w/c the requires law requires a document or other special form.
to be done resulting from such office or trust.
➢ Quo warranto - special form of legal action used to Affidavits
resolve a dispute whether the specific person has • A formal written statement from an individual before
legal rights to hold the public office. a notary or officer of the court outside of the court
➢ Cross claim - demand made in pleading against party asserting that certain facts are true to the best of
on the same side of the lawsuit. that person’s knowledge. It is an oath that what an
➢ Prohibition - to prohibits someone from doing individual is saying is the truth.
further proceeding where there is grave abuse of • written statement declaration of facts w/c is
discretion or absence of jurisdiction. voluntary executed and confirmed by the affiant and
subscribed before a Notary Public or an officer
C. Special proceedings - is a remedy by w/c a party authorize to administer oath.
seeks to establish a status, a right, or a particular • Facts -
fact. Does not involve civil proceeding.

➢ Petition for Habeas corpus - a request for writ

requiring a person to be brought a judge or court,
especially for investigation of a restraint of person’s
liberty, used as a protection against illegal
imprisonment. (Habeas Corpus Proceeding).

➢ Escheat - a proceeding whereby the real and

personal property of a deceased person in the
Philippines, who died w/o leaving any will or legal
heirs, become the property of the state upon his
death.
➢ Petition for guardianships - is filed at the event that • Legal Consequences of false and untruthful facts in
the parent is deemed unfit. an Affidavit.
R. A. 3815 Art. 183. False Testimony in other cases and
D. Criminal Action - is the procedure by w/c a person perjury in solemn Affirmation.
-Arresto Mayor in its Maximum period (1 mon & 1day to
accused of committing a crime is charged, brought to
6mons)
trial and judged. -Prision correctional in its minimum (6mons & 1day 6yrs)
Complaint - accusation executed by complainant RA No. 115941 - Prision Mayor in its minimum to Prision
Mayor in its medium period. (6yrs & 1day - 10 yrs)
Information - executed by prosecutor
Contents of Judicial Affidavit (SC Judicial Affidavit Rule) Affirmation.
"I solemnly declare and affirm that the evidence I shall
✓ In language known to the witness if not in give will be the truth, the whole truth, and nothing but
English/Filipino, accompanied by translation in the truth"
English/Filipino. Basic parts of Affidavit
1. Commencement: This is the beginning of the
✓ The Name and address of the lawyer who conducts document where the affiant or the person making
or supervises the examination of the witness and the the affidavit is identified.
place where the examination is being held. 2. Averments: Also known as affirmations, these
✓ Questions asked of the witness and his include a list of all the claims that are being made by
corresponding answers, consecutively numbered, the affiant.
3. Statement of Fact or Truth: A statement of
• JURAT - latin for “to swear”. it is a certificate fact/truth is what states that everything that is
attached to the affidavit/desposition to signify that mentioned in the affidavit is true. A statement of
the affidavit or desposition was properly made truth may be something like this: I solemnly swear
before the duly authorized officer. (certification) that the aforementioned are true and correct to the
• ACKNOWLEDGEMENT - it is the act of one who has best of my knowledge and belief.
executed a deed in going before some competent 4. Attestation Clause: This is the portion where the
officer or court and declaring it to be his act or deed. oath made by the affiant is certified. It also consists
(Declaration) of the date.
5. Signatures: This is the last portion of the document
• ATTESTATION - executed by the lawyer who that includes the signature of the affiant, as well as
conducted/supervised the examination of the that of the witness(es).
witness.
FORMS OF AFFIDAVIT IN LAW ENFORCEMENT
a. He faithfully recorded the Q he ask and
1. Affidavit of Arrest (Arrest report)
corresponding A by the wit.
-is generally filled out by the arresting officer and states
b. Neither him/ any other person assisting or
the facts and circumstances surrounding and arrest. The
coached the witness regarding the latter’s
affidavit may state such facts as the information w/c led
answer.
to the arrest and the observations made before and the
arrest occurred. It may also be referred to as an arrest.

Arrest- taking into custody of a person, pursuant to the

laws of arrest, for whom a police officer has probable
cause to believe has committed a crime

Affiant - an officer who swears under oath that the

information contained in an affidavit (statement of
probable cause) is true.

Commitment order - order coming from a judge directed

to a jail officer ordering him to put a person identified in
that document into custody.

2. Affidavit of Complaint - a sworn statement charging

Oath. I swear by Almighty God that the evidence I shall a person with an offense, subscribed by the offended
give shall be the truth, the whole truth and nothing but party, any peace officer, or other public law officer
the truth. I do solemnly, sincerely and truly declare and charged with the enforcement of the law violated. It
affirm that the evidence I shall give shall be the truth, may file at the prosecutor’s office as a requirement
the whole truth and nothing but the truth. for preliminary investigation.
• Parts of the Complaint produce a transcript at a later time. A deposition can also
1. Name of the Accused be videotaped. This is usually done when the deponent
2. Designation of the offense by the statue is very ill and may not be well enough for trial, or if the
3. Acts or omissions w/c constitute an offense deponent will be out of town or otherwise unavailable
4. Name of the offended party during trial.
5. Approximate time of the commission of the offense
15 mins or more...
6. Place where the offense was committed
AFFIDAVIT VS DEPOSITION
3. Affidavit of Witness (Judicial Affidavit) Depositions is spoken and recorded, while affidavit is
written.
- sworn statement from a witness in a case. It is a
document that sets out the evidence that the witness 4. Affidavit of Desistance
wants to give. It is the witness’s direct testimony. Under
Judicial Affidavit Rule, Judicial affidavit must in question - a written statement under oath by the complaint
and answer form. stating that he/she is no longer interested in pursuing the
complaint or criminal case against another person.
• Deposition - is a witness’s sworn out of court
testimony. It is used to gather information as part of The affidavit of desistance is filed before the office or
the discovery process and, in limited circumstances, court where the complaint is pending or being
may used at trial. The witness being deposed is called investigated.
“deponent”. Effect of Affidavit of Desistance in Criminal Case
1. Deposition de bene esse( for what’s it worth) - one It does nor bar the People of the Philippines form
filed after a case has already been filed in court, i.e., prosecuting the criminal action, but it operates as a
to preserve testimony in danger of being lost before waiver of the right to pursue civil indemnity(damages).
the witness can be examined in court.
Recantation-means the witness who previously gave a
ex. witness scheduled to leave abroad with no possibility testimony subsequently declares that his/her
of returning. the witness is so sick and possibility to die. statements were not true.
2. Deposition perpetuam rie memoriam ( pertual 5.Reply Affidavit- as an affidavit served in court
remembrance of an event) - one taken in proceedings in w/c a deponent responds to another
anticipation of a case not yet filed in court. party’s evidence where that party’s evidence was itself in
NOTE. response to evidence served by the party seving the reply
affidavit.
Deposition is one of the modes of discovery available to
the parties to a case as a means of informing themselves 6. Counter Affidavit - is an affidavit responding to and
of all the relevant facts. contradicting the affidavit produced by adversary. It is an
affidavit made in opposition to already made.
they are not meant to be substitute for the actual
testimony in open court, on the ground that adverse 7. Rejoinder Affidavit - The answer made by a defendant
party has no opportunity to cross examine the deponent in the second stage of that rebults or denies the
at the time his testimony is offered at the trial or hearing. assertions made in the plaintiff’s replication. The joinder
allows a defendant to present a more responsive and
• How Depositions Work specific statement challenging the allegations made
against him/her.
Depositions don't take place in courtrooms; instead, they
usually take place in attorneys' offices. The attorneys will 8. Affidavit of Denial for NBI Clearance
ask the witness, or deponent, a series of questions about
facts and events related to the lawsuit with the entire - may be submitted to clear one’s name when there are
deposition recorded word-for-word by a court reporter. other records bearing the same with pending case or
The reporter is present throughout the session and will derogatory information.
9. Affidavit of Undertaking- is done in order to promise 4. In case of doubt on the existence of probable
in course for legal proceedings, and to also refrain from cause, the judge may order the prosecutor to
the act of doing anything. present additional evidence within five (5) days from
notice and the issue must be resolved by the court within
• Preliminary Injuction - is an order granted at any
thirty (30) days from the filing of the complaint of
stage of an action or proceeding prior to the
information.
judgement of final order, requiring a party to an
administrative case or any third person to refrain 5. If the warrant of arrest is issued by the MTC and
from a particular act/acts. It may also require the if the preliminary investigation was conducted by the
performance of a particular acyt/acts, in w/c case it prosecutor, the same procedure as above is followed
shall be known as preliminary mandatory injuction.
What is probable Cause?
• 10. Affidavit of Loss - a written statement that
- refers to such facts and circumstances w/c would lead
describes the facts concerning the loss of an object,
a reasonably discreet and prudent man to believe that an
usually a document such as an identification card, a
offense has been committed and that the objects sought
driver’s license, passport, documents relating to the
in connection with the offense are in the place sought to
registration or vehicles.
be searched.
OTHER LEGAL FORMS RELEVEVANT TO LAW
Properties subject under Rule 126,sec.2 of the RoC.
ENFORCEMENT
a. Subject of the offense;
1. Search Warrant - is an order in writing, issued in the
b. Stolen or embezzled property and other fruits or
name of the People of the Philippine Islands, signed by a
proceeds of the offense; and
judge or justice of the peace, and directed to a peace
c. Property used or intended to be used as a means for
officer, commanding him to search for personal property
the commission of an offense.
and bring it before the court.

2. Warrant of arrest means a process of a court, directing

3. Petition for Wire Tapping - an application to the court
a peace officer to arrest a defendant and to bring the
requesting for the issuance of an order allowing to
defendant be- fore the court for the purpose of
conduct wiretapping.
arraignment upon an accusatory instrument filed there-
with by which a criminal action against the defendant has Wire Tapping - the practice of connecting a listening
been commenced. device to a telephone line to secretly monitor a
conversation.
WHEN MAY A WARRANT OF ARREST BE ISSUED?
4. Warrant to Intercept Computer Data(WICD)
If issued by the RTC,
- an order in writing issued in the name of the People of
1. Within ten (10) days from the filing of the
the Philippines Signed by the Judge, upon application of
complaint or information, the judge shall personally
law enforcement authorities, authorizing the latter to
evaluate the resolution of the prosecutor and its
carry out any or all of the ff: a) listening to, b). recording,
supporting evidence.
c). monitoring, or surveillance of the content of the
2. He may immediately dismiss the case if the communications, including procuring of the content of
evidence on record clearly fails to establish probable the computer data, either directly, through access and
cause. the use of computer system or indirectly, through the
use of electronic eavesdropping or tapping devices, at
3. If he finds probable cause, he shall issue a warrant of
the same time that the communication is occurring.
arrest, or a commitment order if the accused has
already been arrested pursuant to a warrant issued by 5. Request for Preliminary Investigation - a respondent’s
the MTC judge who conducted the preliminary request to the court for the conduct of preliminary
investigation or when the complaint or information investigation.
was filed pursuant to section 7 of this Rule.
6. Motion for Reconsideration - is a motion that you file Difference between an Appearance Notice and a
when you want the judge to take a second look at a Summons
decision that you feel was incorrect.
• If someone is not yet charged with a crime, they
Basis for filling: might be given an appearance notice.
a. the damages awarded are excessive;
• For example, say a security guard in a store
b. the evidence is insufficient to justify the decision; or
believes a person shoplifted something. The
c. the decision is contrary to law
security guard calls the police. The police might
7. Notice of Appeal - (a request to a higher court)
give the person an appearance notice requiring
- a written document filed by the appellant with the court them to appear in court to answer to a charge of
and a copy of w/c is sent to the appellee- is the initial step theft. But there is not yet a criminal charge.
in the appeals process. It informs the court and the party A prosecutor (also called Crown counsel) has to
in whose favor a judgement or order has been made that first approve the charge. The person will learn
the unsuccessful party seeks a review of the case. when they get to court whether the charge was
in fact approved, or laid.
Motion for Reconsideration vs Appeal
• A summons is given to a person once they have
- a motion to reconsider is asking the judge to change his
been charged with an offence.
own ruling. an appeal asks to a higher court to overturn
the ruling. • Let’s say a person while driving home one night
hits a parked car, and just keeps on going.
8. Commitment Order - a written of the court, or any
A witness sees them and reports the accident to
agency authorized by the law to issue, entrusting an
the police. The police investigate and
inmate to a jail for purpose of safekeeping during the
recommend Crown counsel charge the driver
pendency of his/her case.
with an offense. The police might have a
Summons and Appearance Notice summons delivered to the driver saying they’ve
been charged and when they have to appear in
➢ an appearance notice and a summons are official court
notices telling a person they have to appear in court
at a specific time and place to respond to a criminal The offense
charge.
➢ The document will tell you the offence you have
➢ The first appearance is not a trial. It’s the first step to to answer to.
find out more about the charge against you. The
There are two types of offenses.
prosecutor will give information (called
the particulars or disclosure) about the charge. 1. Summary conviction offenses are considered
less serious, such as shoplifting or causing a
❖ If you receive an appearance notice or summon
disturbance.
Whether you received an appearance notice or a 2. Indictable offenses are more serious. Examples
summons, the document will tell you three important are breaking and entering, sexual assault, and
things: murder.

• ·the time and place when you have to go to court,

What is Subpoena?
• ·the type of offense you have to answer to, and
➢ Subpoena is a writ issued under the authority of
• ·whether you must go to the local police station to a court to compel the appearance of a witness at
be fingerprinted and photographed. a judicial proceeding, and the disobedience of
which may be punishable by contempt of court
(Barron’s Law Dictionary).
Two Kinds of Subpoena

1. Subpoena ad Testificandum Section 3. Effect of Filing of Motion for Reconsideration.

- The filing of a motion for reconsideration shall stop the
- the person will have to attend and testify at the hearing,
running of the fifteen-(15) day period in Section 5 of Rule
the trial of an action, an investigation conducted by a
22 and prevent the final order, resolution or decision of
competent authority, or for the taking of his deposition
the Commission from becoming final and inappealable.
(Section 1, Rule 21, Rules of Court).

According to the Webster Dictionary, to testify means to

Notice of Appeal
make a statement based on personal knowledge, and to
have personal knowledge is to be able to perceive • A notice of appeal—a written document filed by
(events, circumstances or occurrences) and perceiving the appellant with the court and a copy of which
can make known his perception to another (Section 21, is sent to the appellee—is the initial step in the
Rule 130, Rules of Evidence, amended). appeals process. It informs the court and the
party in whose favor a judgment or order has
2. Subpoena Duces Tecum
been made that the unsuccessful party seeks a
-In some cases, the courts or investigation agencies may review of the case. Failure to file a notice of
require the person subpoenaed to bring with him books, appeal according to the statutory requirements
documents, or other things under his control. will preclude appeal.

To be clearer, aside from the court, the Office of the • Section 1. Where to appeal. MTC-RTC-CoA-SC
Prosecutor, Office of the Ombudsman, National Bureau
• Sec. 2. When to appeal. The appeal shall be
of Investigation, House of Representatives, and the
taken within fifteen (15) days from notice of the
Senate of the Philippines, among others, can issue a
judgment or final order appealed from.
subpoena.
• Sec. 3. How to appeal. The appeal is taken by
What is Motion for Reconsideration
filing a notice of appeal with the court that
RULE 23 - MOTION FOR RECONSIDERATION rendered the judgment or final order appealed
from.
Section 1. Filing of Motion for Reconsideration. - A party
adversely affected by a final order, resolution, or
decision of the Commission rendered in an adjudicative
Efficient use of Paper rule (Legal Forms)
proceeding may, within fifteen (15) days from receipt of
a copy thereof, file a motion for reconsideration. In its 1. Format and style - all pleadings, motions, and similar
motion, the movant may also request for reopening of papers intended for the court and quasi-judicial body’s
the proceeding for the purpose of taking additional consideration and action shall be written in SINGLE
evidence in accordance with Section 17 of Rule 18. SPACE W/ 1 1/2 SPACE B/W PARAGRAPHS using an
easily readable font style of the party’s choice, 14 FONT
Section 2. Opposition. – Any party to the proceeding
SIZE and 13 INCH BY 8.5 INCH WHITE BOND PAPER.
may object to a motion for reconsideration filed under
Section 1 by filing an opposition thereto within ten (10) Margins and Prints - a left hand margin of 1.5 inches
days from receipt thereof. from the edge, an upper margin of 1.2 inches from the
edge. a right-hand margin of 1.0 fr. the edge, and lower
margin of 1.0 inch from the edge.